Legal Question in Wills and Trusts in North Carolina
A daughter is named executor of her father's estate. If the estate remains unsettled can the wife of the deceased sell or get rid of any items that belonged to the deceased?
1 Answer from Attorneys
Why, if the daughter is the executor, has the daughter not probated the will? Commenced an inventory? The wife cannot get rid of the deceased's property until its inventoried.
And what is the wife disposing of? She is not the executor and has no authority to deal with land, vehicles or other titled assets.
The daughter immediately needs to seek out a probate attorney in the county and state where the father lived at the time of his death. A letter should immediately be sent to the wife telling her to cease disposing of assets and, if necessary, get a restraining order against the wife.